RSB: 42/2013 HIGH COURT OF KARNATAKA BENGALURU DATED: 30 th APRIL, 2020 GENERAL CIRCULAR NO. 04/2020 In supersession of the General Circulars No. 02/2004 dated 21.12.2004, 3/2008 dated 07.02.2008, 11/2016 dated 04.10.2016, 12/2016 dated 04.10.2016 and 1/2018 dated 01.02.2018 issued previously regarding norms prescribed for disposal of cases by the Judicial Officers of District Judiciary in the State, the revised norms are issued as per Annexure- I to IV appended to this circular. The revised norms shall come into effect from 01.07.2020. BY ORDER OF THE HON’BLE HIGH COURT Sd/- (RAJENDRA BADAMIKAR) REGISTRAR GENERAL
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RSB: 42/2013 HIGH COURT OF KARNATAKA BENGALURU DATED: 30th APRIL, 2020 GENERAL CIRCULAR NO. 04/2020
In supersession of the General Circulars No. 02/2004
3 Criminal Miscellaneous Case filed u/s 125 & 127 of CrPC 0.20
4
i. NI Act case (Contested)
ii. N.I. Act case ending in compromise after evidence is
recorded
iii Case decided by Compromise by way of Lok Adalath
0.50
0.10
0.10
5Crl. Case registered under Intellectual Property Rights
Act 0.50
6Criminal Miscellaneous Petition filed under Protection of
Women from Domestic Violence Act.0.50
7
Criminal Miscellaneous case
i. surety proceedings under Sec. 446 Cr.P.C.
ii. Registration of Birth & Death
iii. Proceedings u/s 340 Cr.P.C. (Prosecution for
contempt)
iv. Criminal Miscellaneous case filed for recovery of
maintenance (if closed for full satisfaction)
0.10
Criminal
maintenance (if closed for full satisfaction)
v. any other cases not specified above
8 Petty Case (per case) 0.10
9i. PCR
ii. PCR converted to CC
0.10
0.50
10 Framing of Charge per case 0.02
11 Discharge application in warrant trial cases (Contested) 0.10
12
Recording of Evidence in Civil (excluding affidavit
evidence) & Criminal cases/ Examination of the accused
U/s. 313 of Cr.P.C. /Recording of sworn statement in
cases other than N.I. Act/ Recording of statement of
witnesses u/s. 164 of Cr.P.C. for 50 pages
0.10
13 Holding inquest by JMFC u/s. 176 of Cr.P.C. 0.10
14 Orders on Application u/s. 319 Cr.P.C. (Contested) 0.10
Sd/-
(SRIDEVI S ANGADI)
REGISTRAR (REVIEW & STATISTICS)
Page 1
Sl.
No.Nature of I.A. Unit Fixed
1I.A filed under Order 39 Rules 1, 2, & 4 CPC
(Injunction Application) (Contested)0.25
2I.A filed under Order 22 Rules 3 & 4 (enquiry
contemplated u/r 5) (Contested)0.20
3I.A filed under Order 40 Rule 1 (Appointment of
Receiver)(Contested)0.25
4Supplementary Application filed under Sec. 94 CPC
(Contested )0.25
5IA filed u/o 39 Rule 2-A CPC (disobedience or breach of
injunction)(Contested)0.25
6IA filed u/o 1 Rule 10 CPC (striking out or adding
parties)0.08
7IA filed u/o 6 Rule 17 CPC (amendment of pleadings)
(Contested)0.08
8 IA filed u/o 7 Rule 11 CPC (rejection of plaint) 0.25
9Finding given on preliminary issue u/o 14 Rule 2 CPC
whether application filed or not0.25
10IA filed u/o 26 Rules 9,10A,10B,10C of CPC
(appointment of Commissioner)(Contested)0.10
11IA filed u/s 5 of the Limitation Act (condonation of
delay) (Contested)0.10
12IA filed for child custody and visitation rights in MC
and G&WC Case.(Contested)0.25
13
IA filed u/s 24 of Hindu Marriage Act or similar
application under any other Act for interim
maintenance (Contested)
0.25
14Holding enquiry as an Enquiry Officer in disciplinary
proceedings and submitting reports 0.50
ANNEXURE-III
Interlocutory Applications in Civil Cases
(Applicable to all cadre of Judges)
Sd/-
(SRIDEVI S ANGADI)
REGISTRAR (REVIEW & STATISTICS)
1
Annexure- IV
GENERAL GUIDE-LINES
(Applicable to all Cadres of Judges)
1. The Revised Norms shall come into effect from 01.07.2020
2. General Circulars issued previously regarding Norms for disposal of cases are superseded. The revised norms will prevail over earlier guidelines/Instructions/Circulars.
3. The Judicial Officer should submit monthly statement of disposal of cases every month to the Hon’ble High Court so as to reach to Hon’ble High Court on or before 05th of each succeeding calendar month. Delay will be viewed seriously. The Prl. District & Sessions Judge of each District to ensure that monthly statement of the Courts working within his/her Unit are sent to Hon’ble High Court in time.
4. The Judgments/Orders which are actually dictated, typed,
signed and pronounced in open court and which are duly uploaded on the website/server (except the Judgment/Orders of Family courts, POCSO Cases, Rape Cases) before the end of that calendar month shall only be shown in the statement. The Judgment/Orders which are incomplete in the sense not fully dictated, not got typed, not signed and not uploaded on the website as on the end of that calendar month can not be shown in the monthly statement. The Judicial Officer should also ensure that quality of Judgments/ Orders is maintained while disposal of cases.
5. For District & Sessions Judges and City Civil & Sessions
Judges: There shall be disposal of 6 Sessions Cases, 4 Regular Civil Appeals and 25% of overall disposals shall be of oldest cases pending on the file of the respective Courts.
6. For Senior Civil Judge & CJM and Judges of Small Causes
Court in Bengaluru City: There shall be minimum disposals of 4 Original Suits and 8 Regular Appeals by considered Judgments.
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In the monthly disposals of Presiding Officers of Small Causes Court, there shall be minimum disposals of 12 HRC cases. Apart from this, importance shall be given for disposal of MVC & other cases. The aggregate disposals per month shall consist of 25% of old cases, pending on the file of the respective Courts.
7. For Civil Judges & JMFC: The monthly disposals shall consist
of disposal of 6 Original Suits on merits and 25% of overall disposals shall be of the oldest cases, pending on the files of the respective Courts.
8. The Judicial Officer should make an effort to ensure that both
Civil and Criminal and all other type of cases on their file be disposed in equal proportion having regard to Pendency, age of cases, sensitivity and urgency involved in those cases.
9. The Judicial Officer shall ensure that Civil/ Criminal cases in which Senior Citizens, Women & Child, Ex-service men/women, Differently abled persons etc., are involved be given priority. The directions issued by Hon’ble Supreme Court and Hon’ble High Court regarding time bound disposal should be honoured in letter and spirit and such cases shall be disposed of with in time frame.
10. If Cases of any category other than LAC/LAC Appeal are
disposed of in a batch, full rate of unit prescribed for that category of cases will be given for the first case in the batch & 50% of the rating fixed for that category of cases will be given for the rest of the cases in the batch.
Illustration: 1.
� 20 MVC cases clubbed and disposed by common Judgment.
� 1 MVC = 0.25 unit. � for first case: 0.25 unit � for remaining 19 cases: 19 x 0.125 = 2.38 � Total = 2.63 units.
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2. � 15 Original suits clubbed and disposed by common
Judgment. � 1 O.S.= 1 Unit � for first case: 1 unit � for remaining 14 suits : 14 x 0.50 = 7 units � Total = 8 units
11. In a split up case, if an accused is secured later and tried with other accused in original case, no additional units would be given.
12. If in a month the Judicial Officer has worked for less than the number of actual working days owing to availing EL/Maternity Leave/ Paternity Leave, attending training/other official duty, Civil Court Vacation, Closure of Courts (Casual Leave not included) for such month, Units shall be proportionate to the number of days actually worked by him/her.
13. For newly recruited Civil Judge & JMFC and District & Sessions Judge:
• During First Induction Course : No Remarks
• After first Induction Course for first two months: No Quota
• For next two months, the Judicial Officer shall turnout minimum 25% of the prescribed quota. However, the Judicial Officer should make serious & consistent efforts to dispose more number of cases and to reach minimum quota prescribed.
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• For next two months, the Judicial Officer shall turnout minimum 50% of the Prescribed quota. However, the Judicial Officer should make serious & consistent efforts to dispose more number of case and to reach minimum quota prescribed.
• Thereafter, the Judicial Officer shall turnout 100% of the prescribed quota.
• Thereafter, only for actual Training Period quota is exempted.
14. For the purpose of review, the work turned out by the Judicial
Officer in each quarter shall be taken into account and excess or short fall of unit in the respective month shall be given set of in the said quarter.
Illustration:
• Units prescribed for Addl. District & Sessions Judge:14 Units
• Norms achieved by the officer for the month of January : 15 Units
• Norms achieved by the officer for the month of February : 15 Units
• Norms achieved by the officer for the month of March : 12 Units
• Total Units Achieved 42 Units
• Excess units reached for the month of January and February will be counted against March.
• Remarks for the first Quarter : Quota Reached
5
15. Grading: Performance of the Judicial Officer shall be assessed in the following manner:
i. where the turn out of work is twice
the units fixed : Excellent
ii. where the turn out of work is 1 ½
times the units fixed : Very Good
iii. where the turn out work is between
the units fixed and 1 ½ times the
units fixed : Good
iv. where the turn out work is just
units fixed : Satisfactory
v. where the turn out of work less than
the units fixed : Unsatisfactory
16. If the Judicial Officer whose turn out of work is less than the units fixed, should send his/her explanations along with the periodical statement. The Principal District & Sessions Judge should ensure that the explanation for low disposal is forwarded along with the statement. If the explanations are not forwarded along with the statement, it shall be presumed that the concerned Judicial Officer has no explanation to offer and further action will be taken accordingly.
17. If the explanation submitted by the Judicial Officer for low
disposal is accepted, the same shall be treated as “Satisfactory” and the record be corrected accordingly.
18. The Registrar (Statistics & Review) shall randomly select,
examine the statement and Judgment referred to in the statement and in case of any discrepancy or violation of norms, same shall be placed before the concerned Administrative Judge for evaluating the performance of such a Judicial Officer.
19. The Committee has also found during the course of formulating
the norms that some of the Courts particularly, Special Courts established in the Districts under various enactment like
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Prevention of Corruption Act, National Investigation Act, Labour Courts Act, Industrial Dispute Act, Family Courts Act, POCSO Act, KSTAT, Wakf Tribunal and Commercial Courts have very less number of cases. The Registrar (Review & Statistics) in consultation with Registrar General has to bring it to the notice of the Hon’ble High Court as and when it finds inadequacy of cases and suggest the steps to be taken by the Hon’ble High Court, to extract optimum work from the concerned Judicial Officers by entrusting additional/concurrent work to them.
20. The Judicial Officers who are entrusted with additional/concurrent charge of any other Court or work, shall give first preference and prominence to their Court cases and there shall be at least 50% of the work from their Court and rest may from the concurrent Court.
Sd/-
(SRIDEVI S ANGADI) REGISTRAR (REVIEW & STATISTICS)